returning to work after maternity leave resigning during or after maternity leave how to resolve disputes at work, and benefits for families. To help you understand what to expect and where you stand, solicitor Melissa Cook explains your legal position when you return to work from maternity leave. I have already given … Remember, though, you accrue holiday as normal throughout maternity leave so you should take the holiday in between the two lots of maternity leave. Returning to work after maternity leave When you returning to work after having your baby, you are entitled to go back to the same job as before you went on maternity leave. This means that she must be offered suitable alternative positions ahead of anyone else. It’s very easy for those you work with to assume everything is OK if you don’t say anything. If you want to return to work earlier, you must give at least eight weeks’ notice to return to work early. An employer cannot decide to keep on anyone else who was employed to cover the maternity leave in the returning woman’s role – it is her job and she is legally entitled to return to it. Contact  020 3701 7530/7531 or email info@yesslaw.org.uk. If you need further time off you could give notice to take Parental Leave. Maternity leave is different from parental leave. A weekly update is useful to talk about what is working well and to raise issues. i am a care assistant where i travel house to house. Under the Equality Act 2010, employees are protected against unfavourable treatment as a result of a pregnancy (of hers) and maternity. however i have now been informed by my employer that when i return part time in jan i will remain on my hourly rate but for travel will get 20pence per mile..a hell of a difference. Flexible working hours for parents: a guide, Sign up to our weekly Pregnancy & Baby Guide. Read our article about childcare options. To request that your maternity leave is postponed, you must have taken at least 14 weeks’ maternity leave, including 4 weeks after the birth. These are important. Reg Company No: 2370573. Practical and emotional support with feeding your baby and general enquiries for parents, members and volunteers. This protection currently ends once she returns to work after maternity leave. It’s not a good reason if your employer is keeping the person covering your maternity leave in your post and offering you something different. However, if this is the case, an employer is obliged to provide a a comparable job which is suitable for her, on the same terms and conditions such as pay and responsibility, as the role that existed prior to taking leave. What is maternity leave? Read our article about childcare options. If you’re returning after more than 26 weeks’, you still have the right to return to the same job unless your employer has … You have three months to make a claim and you should contact Acas (Advisory, Conciliation and Arbitration Service) for Early Conciliation to do so. If this is the case, your employer should offer you a suitable alternative job with the same terms and conditions. If you intend to go back to work after your parental leave, and your job was kept open, you have to write to your employer at least 21 days before your leave ends and advise them that you intend to return to work. JavaScript is disabled in your web browser. All 12 weeks of maternity leave can be taken at the same time or they can be broken up over the course of the year before or after the birth of your baby. For example, some women return to work when their maternity pay ends after 39 weeks. However, any service which accrued while she was off work must be counted by an employer and any maternity related absence cannot be considered for the purposes of a redundancy selection process. For more information on a woman’s employee rights regarding pregnancy and maternity, please see our article debunking common myths surrounding the topic. When you first ask for maternity leave your employer will give you a date for returning to work. 5 Myths About Returning to Work After Maternity Leave 1. Make friends with other parents-to-be and new parents in your local area for support and friendship by seeing what NCT activities are happening nearby. Your employer should assume that you are taking the full 52 weeks’ maternity leave. It's essential to understand your employee rights, and what is expected of your employer. Child Tax Credit: what are you entitled to? Here we set out your rights and expectations when returning back to work. Employees, and their careers, without knowledge of these rights must often deal with employers who refuse to follow the law. As many as 390,000 mothers a year could be experiencing discrimination during pregnancy, maternity leave and/or on return from maternity leave… The NYC Employment law firm of Lipsky Lowe LLP explains what rights mothers have when they come back and what employers are and are not allowed to do. All employees are entitled to request changes to their hours of work, days or work or place of work after they have been with the company for at least 26 weeks. Your rights when you go back to work after maternity leave, including changing your working arrangements, redundancy and holiday entitlement. Last Reviewed: January 2020 How long do I have to work to get maternity leave? It's vital that parents returning to work after maternity leave understand their employment rights and how to enforce them in order to avoid discrimination. Return to work moms have a lot to worry about when re-entering the workforce after maternity leave. You accrue annual leave as normal during your maternity leave so you could ask your employer if you can use up some holiday. If you are not well enough to return to work at the end of your maternity leave, you are entitled to take sick leave in the normal way. Because a worker cannot mix different types of leave, someone who took 12 months maternity leave would potentially have a year’s worth of accrued holiday at the end of her leave. It also helps to show your boss that you’re adding value. The Rights of Maternity Leave The 1964 Civil Rights […] This includes potential unfavourable treatment because she has taken maternity leave. Read more about our editorial review process. Maternity leave is an unpaid leave available to pregnant employees. Returning to work after maternity leave can be daunting. Working Families helpline on 0300 012 0312. When I return to work I will no longer be able to do these shifts due to … It can also be more financially beneficial to an employee who has had a period of unpaid of time off. If you only become at risk after you have returned to work, you should be treated in the same way as other employees and will not have priority over any suitable alternative job. You should make a written application and think carefully about how it would work in your role. That’s why this article covers your rights when you go back to work after maternity leave, including flexible working, and what to do if you need to take more time off. You can go back to work and postpone your maternity leave for up to 6 months. Perhaps the most important right employees returning to work from maternity leave have is the right to return to their old job. If you’re returning after more than 26 weeks’, you still have the right to return to the same job unless your employer has a good business reason why not. This is called a ‘request for flexible work’. All of our articles have been thoroughly researched and are based on the latest evidence from reputable and robust sources. Yesslaw provides advice and help with resolving disputes at work. NCT, Brunel House, 11 The Promenade, Clifton Down, Bristol BS8 3NG Here are our tips to help you with your return to work: For example, you could ask to use your annual leave to work a shorter week for the first month, or reduce your hours on a temporary basis. Reg Charity No (England and Wales): 801395, (Scotland): SC041592. You could also talk to your employer about a career break or a further period of unpaid leave. That means you should notify your employer, providing any sick notes required. Under this law, you must be restored to an equivalent position with equal benefits when you return. You have a basic statutory right to return to work on the terms and conditions that applied before you went on maternity leave , but there is an important difference to the protection the law gives you, depending on how much maternity leave you decide to take. Its Helpline Online can answer questions on employee rights. parents on statutory maternity and paternity leave who return to work in the coming months will be eligible for furlough scheme even after 10 … A woman who is dismissed  from work following her return from maternity leave for a reason related to pregnancy, maternity or because she took leave will be automatically count as an unfair dismissal and the offended party will be able to bring a claim against her employer, regardless of length of service. If you’re returning to work after 26 weeks or less, you’re entitled to return to the same job. Returning to work after maternity leave can be tough. You’ll be in the working world where you carry on as you did before the birth, and then you’ve got your new life with your baby. If you do return to work then you have the same rights to time off for ante natal appointments, health and safety risk assessments and to … A woman made redundant while on maternity leave must be offered any suitable alternative vacancy if the company has one, and you shouldn’t need to apply for it. After the first compulsory 2 or 4 weeks, how many of the 52 weeks you take is up to you. Under the Fair Work Act, employees who have responsibility for the care of a child and are returning to work after taking leave in relation to the birth of the child may request to work part-time to assist the employee to care for the You get the same amount of maternity leave and pay even if you have more than one baby, for example twins. To update your permissions, contact us on 0300 330 0700 or email enquiries@nct.org.uk. This date becomes the start of your six month period of preference. However, if it is not possible for a woman to comply with such a rule due to being on maternity leave, then the rule has to be disapplied, meaning she has the right to carry over her holiday entitlement to a subsequent year. Not necessarily. Whilst there must be a provable link between the treatment and the reason for it, this is potentially a wide protection as there is no need to compare treatment with anyone else (as there is in other direct discrimination cases) and the protection is potentially unlimited in time. If you want to do that, you should seek legal advice – see the end of this page for contact details. I agree to NCT contacting me in the following ways: By submitting this form you are agreeing to our website's general Terms and Conditions of use. This site uses JavaScript to make some controls and types of content available. It may also be necessary to recalculate any earnings related statutory maternity pay (SMP) to take account of any pay rise granted before the end of period of leave. Use this meeting to agree short-term objectives and to talk about your career plan. That’s why it is particularly important to understand what your legal rights and entitlements are regarding holidays, promotions and pay, prior to heading back to work. What are my rights if I want to change my hours when I return from maternity leave? This can be helpful while you get back up to speed, but don’t feel tied to it – it's OK to go at your own pace. Maternity pay You might be . Returning to work: know your rights Yes it’s intimidating for most of us, but as long as your employer is fair there are a million different ways you can make returning to employment after maternity leave work brilliantly for you. [This page was last updated on 10 December 2020.] Biological fathers and adoptive parents are not entitled to maternity leave but they are entitled to parental leave. We create our articles with NCT antenatal teachers, postnatal leaders and breastfeeding counsellors, as well as academics and representatives from relevant organisations and charities. Protection against unfavourable treatment Under the Equality Act 2010, employees are protected against unfavourable treatment as a result of a pregnancy (of hers) and maternity. Am I entitled to a suitable alternative job offer if the redundancy happens after my return to work from maternity leave? Our support line offers practical and emotional support with feeding your baby and general enquiries for parents, members and volunteers: 0300 330 0700. The only exception to this position is where this is not reasonably practicable for example, if a restructure has taken place in her absence and the original job no longer exists following her return. You […] We would like to keep in touch with you about our services, support, events, campaigns, and fundraising. Your life has changed in ways that you never imagined, and even if you are genuinely excited about heading back to work it will undoubtedly However, if you do not return to work (or do not return for very long) you may not earn enough to qualify for Statutory Maternity Pay (SMP) for your second period of maternity leave. A good time for this will be about two months after your return to work. Or you can scroll through to see all our information on benefits under Covid-19 measures. For example, just because a woman has not been working, does not mean that she is not entitled to a pay increment linked to her years of service which would have applied had she still been at work. So, for example, any general pay rise which was implemented while she wasn’t working also has to be applied to her upon her return. Returning to work after maternity leave can be a hugely stressful undertaking. Your Baby Will Love You Less Going back to work, whether it is by choice or necessity, is a tough decision for many women. Birth and Beyond Community Support Programme (BBCS). We'll only contact you in the ways you want, and we'll keep your data safe. While an employee is on maternity leave, she continues to accrue all her contractual holiday entitlement as though she were still working. For example, you could work part-time, term-times only, work from home or a job share. Often, an employer will require employees to take all of their accrued annual leave at the end of their maternity leave (or before they go) as this is less disruptive. Returning to work post maternity leave involves a full array of challenges for mothers, but it also involves a number of legal protections. Feeling happy with your childcare can help make you feel more relaxed about returning to work. An employee who has been absent on maternity leave has the right to enjoy all of the terms and conditions they would have had if they were still working. Returning to work after having a baby: Your maternity leave, pay and other rights - Acas A good business reason might be where your employer has made significant changes in the organisation while you were on leave and your job and your colleagues’ jobs have changed. Some employers enforce a rule that all holiday has to be taken in the same working year in which it accrues, with no carry over allowed. Calling us costs the same as any local call, however, if you have free 'inclusive' minutes on a landline or mobile, it will be included in those. If possible, you will be supported to complete your 52 weeks of paid work on the same or another project when you finish your maternity leave. When to tell your employer Maternity leave and return to work Please click on the question that applies to your situation and it will take you through to the relevant section. Our tips help you plan your return and know your rights, flexible working, options and childcare. This is quite a long one so please bear with me. When it comes to content, our aim is simple: every parent should have access to information they can trust. Legally while on maternity leave, any unfavourable treatment of a woman because she is on maternity leave is unlawful. While a woman is on maternity leave, her employer must give her preferential treatment in a redundancy situation. JHolland asks Mum & Career: Hi all, Please could someone give me some advice on my rights on returning to work or at least where I can look? Returning to work after maternity leave can be a difficult and uncertain time, particularly if you’ve just given birth to your first child and are unsure of your rights. You might choose to work differently after having your baby to balance your job with your family or childcare needs. We also offer antenatal courses which are a great way to find out more about birth, labour and life with a new baby. You do not have to take 52 weeks but you must take 2 weeks’ leave after your baby is born (or 4 weeks if you work in a factory). To speak to a qualified employment solicitor at Springhouse Solicitors, call one of our offices, email us or use our web form…. New mom Stephanie Zanin was on her last month of maternity leave when the company she’s worked with for the last two and a half years told her she wouldn’t be able to come back to work. Protecting your job during pregnancy or parental leavehas more informa… When you return to work after maternity leave, it’s important to know your rights. Your maternity leave does not break your continuity of employment, so you have the same right to take maternity leave and receive maternity pay as with your first pregnancy. If you wish to change your working hours on your return then you must request to do so. Here’s what you should know about your job, pay, holidays and flexible working before you go back to work. If you usually get Statutory Sick Pay, you may not be entitled to it if your earnings were not high enough in the previous eight weeks, see: www.gov.uk/statutory-sick-pay. You do not have an absolute right to change your hours but if an employer unreasonably turns you down then you may have a sex discrimination argument. This will show your commitment and professionalism. We also give you some tips to help you when you return to work and hints on choosing childcare. If your employer usually pays full sick pay, you are entitled to this after maternity leave. If your employer doesn’t give you your job back, you may have a claim for unfair dismissal, automatic unfair dismissal and/or maternity discrimination. Returning to work after maybe a year or more out of the workplace on maternity leave can be daunting. I currently work 12 hour shifts, from 7am to 7pm and also I do a whole week of nights every 8 weeks. A woman must also be treated as if she had not been absent from work for the purposes of accruing seniority or entitlement to potential benefits. What rights do I have to return to work after my maternity leave period ends? Find out more about choosing flexible working. It can feel strange having a foot in two different worlds. You might slot straight back into work after maternity leave, or feel like it’ll take ages to get used to being apart from your baby. You should discuss with your sponsor the payment you qualify for while you are on Your rights when you go back to work after maternity leave If you’re returning to work after 26 weeks or less, you’re entitled to return to the same job. I am now on maternity leave and would like some advice on returning to work. Acas offers advice on employment rights and early conciliation. Returning to work after Statutory Maternity Leave When returning to work after Ordinary Maternity Leave (the first 26 weeks of your Statutory Maternity Leave), you have a right to the same job and the same terms and conditions as if you hadn’t been away. This means that an employee may be entitled to receive a “top-up” payment from their employer during maternity leave. Knowing more about this transition and your rights around it can help you feel more confident when the time comes. But try to remember that most people find the right balance eventually. before i left for maternity i was on £7.60 per hour plus i got 2 hrs pay per shift (ie am,lunch tea) for my travel (fuel cost, my time ,wear and tear). If an employee takes more than 26 weeks (additional maternity leave) you . Maternity Action for information and advice on maternity and parental rights at work on 0808 802 0029. They may also be unable to work they are clinically extremely vulnerable and cannot work safely, or they have caring responsibilities due to coronavirus, such as looking after children. Flexible working could be an option for you to consider. Decide whether or not to return to work, and know your rights over working part-time and paying back maternity pay. Returning to work after maternity leave You must allow an employee to return to the same job during or at the end of 26 weeks (ordinary maternity leave). (See our privacy policy for further details.). It is a good idea to confirm it in writing and to talk to your employer about whether you will be returning to the same job. If your employer was unable to keep your job open while you were on parental leave, you need to tell your employer at least 21 days before the date you’ll be available for work. This page was last reviewed in September 2017. And pay even if you need further time off offices, email us or use our form…! Period of unpaid leave leave available to pregnant employees redundancy and holiday entitlement though... If the redundancy happens after my return to work after maybe a year or more out of workplace! Working could be an option for you to consider childcare needs return and know your rights when you to. Moms have a lot to worry about when returning to work after maternity leave my rights the workforce after maternity.! Or use our web form… contact 020 3701 7530/7531 or email enquiries @ nct.org.uk could also talk your! 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